Marine Sergeant Michael H. Ferschke, Jr. Memorial Act

Floor Speech

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Mr. McGOVERN. I thank the chairman of the Judiciary Committee for yielding me the time and for his leadership on this issue. I also want to thank Congresswoman Zoe Lofgren for her leadership.

Mr. Speaker, I am rising, basically, to praise my colleague from Tennessee, Representative Duncan. A few months ago, he came to the Rules Committee with this case, and he tried to amend a bill to be able to find a way to help turn this terrible tragedy into something that was reasonable so that this family could stay together and could stay here in the United States. Unfortunately, the measure was not germane to the bill that was pending before the Rules Committee, but he stuck with this issue, and I want to thank him for his perseverance because of this terrible tragedy where Sergeant Ferschke was killed in Iraq in August of 2008.

It was Sergeant Ferschke's intention that his wife would reside in the United States and that his child would be raised in the United States. Without this legislation, that would not be able to be the case. Without legislative action, Mrs. Ferschke would have been forced to return to Japan at the end of her B-2 tourist visa, and she would not have been able to raise her son here in the United States despite his United States citizenship. I think any reasonable person looking at this case believes that Mrs. Ferschke and her son should be able to stay here in the United States.

Congressman Duncan has helped to close this terrible loophole, so I just want to rise and say that, without his perseverance, without his taking this case to heart and without his intervention, quite frankly, this terrible tragedy would be even worse for this family. I thank my colleague for his work on this issue.

I also thank the gentleman from Michigan for yielding to me. You know, we get up here and we always fight with each other on different issues, but here is a case where I think we can all come together for a common purpose and praise Representative Duncan from Tennessee for his work on this.

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Mr. Speaker, I rise today in support of H.R. 6397.

Mr. Speaker, this is an important piece of legislation that fixes an unintended loophole in our immigration law that has caused additional heartache for the family of a Marine killed in action from Maryville, Tennessee.

In July 2008, U.S. Marine Corps Sergeant Michael Ferschke married the love of his life in Japan, where he was stationed. The couple was overjoyed to be expecting their first child at the time of their marriage.

Tragically, Sergeant Ferschke was killed in Iraq during combat just one month later in August 2008.

Since the birth of her son in January 2009, Sergeant Ferschke's widow, Hota, has been living in a constant state of uncertainty. Because Michael's death precluded the couple from consummating their proxy marriage--despite Hota's pregnancy at the time of the ceremony--the U.S. Department of Homeland Security does not recognize that they were legally married.

Hota has tried every legal means--and done everything right--to try to immigrate to the United States and raise their son as they had planned to do near Srgt. Ferschke's family in Tennessee.

Without legislative action, Ms. Ferschke will be forced to return to Japan at the end of her B2 tourist visa. If this comes to pass she will not be able to raise her son in the United States, despite his U.S. citizenship.

Michael and Hota had clear intentions to raise their family in Tennessee. Michael's tragic death should not prevent Hota from receiving the legal benefits, including citizenship, that other legal widows of American servicemen are entitled too.

I want to thank my friend, Congressman Jimmy Duncan, for his leadership on this issue and for bringing this loophole to our attention.

Mr. Speaker, I urge my colleagues to vote ``yes'' on H.R. 6397.

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